GROUP BOOKING TERMS & CONDITIONS
The following Group Booking Terms & Conditions (“Agreement”), are intended to be legally binding by and between Summit Ropes LLC, of 44810 Old Ox Rd, Sterling, Virginia 20166 (“Summit Ropes”) and the Group visiting Summit Ropes (“Group”) when the Group transacts any business with Summit Ropes..
DESCRIPTION OF SERVICES
Summit Ropes, on the dates and times set forth in the booking, and subject to the terms and conditions of this Agreement, hereby grants to Group rights to use Summit Ropes Indoor Adventure course (“Facility”) for the Event to be held on dates and times listed in the booking. Summit Ropes will provide Summit Ropes Indoor Adventure products and services according to the booking. Summit Ropes will provide staff for checking in, equipment fitting, course training and orientation, safety monitors, event coordination and team building facilitation and catering if applicable.
The Group may not bring or allow any alcoholic beverages to be brought into the Summit Ropes facility. If the undersigned wishes to have alcoholic beverages the Summit Cafe offers select Beer and Wine onsite.
No person under the age of 21 will be served or allowed to drink any alcoholic beverages. If a minor is caught with an alcoholic beverage, they will be asked to leave immediately from the facility.
If applicable, Summit Ropes will provide catering from their providers. Catering will arrive at the designated time in the booking and be available until the end of the event unless otherwise agreed upon by both parties. Group will inform Summit Ropes of preliminary number of guests at the time of booking and must present a final number no later than 30-days prior to the event. Any difference between the preliminary number and the final number, if Summit Ropes is informed within 30-days, will be credited/debited towards the final balance. Group must make final selection of catering items no later than 30-days prior to the event.
The undersigned agrees to notify all persons attending the event of the terms and conditions of this contract, including prohibitions regarding alcoholic beverages and the NO SMOKING policy.
Group shall pay to Summit Ropes as a fee for products and services, the sum indicated in the booking invoice, plus all other charges to be paid by Group under this Agreement (the “Fee”). A deposit is due in the amount of 50% of the Fee at the time of booking. The balance of the Fee shall be paid in full by Group 30-days prior to the event. Summit Ropes will not hold any space or time slots until the deposit is paid.
Group shall indemnify, defend and save harmless Summit Ropes, its officers, agents and employees
from and against any and all loss, cost (including attorneys’ fees), damage, expense and liability (including statutory liability and liability under workers’ compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Group, its agents, employees, contractors, Groups, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Group hereby releases Summit Ropes from any and all liability or responsibility to Group or anyone claiming through or under Group by way of subrogation or otherwise for any loss or damage to equipment or property of Group covered by any insurance then in force.
ASSIGNMENT AND SUBLICENSING
Group shall not assign any interest in this License Agreement or otherwise transfer or sublicense the Facility or any part thereof or permit the use of the Facility to any party other than the Group.
Summit Ropes may terminate this Agreement based upon any one or more of the following events:
A. Failure of Group to pay the Fee or any other charges due hereunder when the same is due;
B. Group fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to Summit Ropes by law or in equity, Summit Ropes may, with or without further notice, forthwith terminate this Agreement and expel and remove Group, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Summit Ropes or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Summit Ropes may recover from Group all damages it may incur by reason of such breach by Group.
Group shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by Summit Ropes or others in any way. Group’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon Summit Ropes in maintaining the Building.
If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Group’s exercise of its rights under this License, Group shall pay Summit Ropes for any such damage, repairs, or replacements upon demand by Summit Ropes.
Group may cancel this Agreement at any time up to 30 days prior to the Event Date by providing written notice of such election to Summit Ropes, at no cost to Group. If Group shall elect to so cancel this agreement within 30 days prior to the Event Date, Group will be charged 50% of the Fee and any expenses incurred in good faith by Summit Ropes in preparation for Group’s arrival. For cancellations 29 days prior to Event Date, Group will be charged 100% of the Fee and any expenses incurred by Summit Ropes.
All guests climbing are required to have a completed waiver form on file and must comply with the rules of participation.
MARKETING AND PHOTOGRAPHY
In further consideration of Group being allowed to use Summit Ropes, the Group hereby authorizes Summit Ropes to take photos/videos of the Group and it’s employee’s in connection with the Activity and conveys all right, title, and interest in and to same to Summit Ropes. The Group authorizes Summit Ropes to copyright, use, and publish the same in print and/or electronically, and agree to its use for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content unless the Group opts-out in writing prior to the Event. Additionally, the Group authorizes Summit Ropes the right to publish the Group’s logo in print and/or electronically for marketing purposes including advertising and Web content unless the Group opts-out in writing prior to the Event.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any legal actions, claims or demands, shall be handled in a court of competent jurisdiction within the Commonwealth of Virginia.